1-1 By: Lucio S.B. No. 1077
1-2 (In the Senate - Filed March 10, 1997; March 12, 1997, read
1-3 first time and referred to Committee on Natural Resources;
1-4 April 8, 1997, reported favorably, as amended, by the following
1-5 vote: Yeas 9, Nays 0; April 8, 1997, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Truan
1-7 Amend S.B. No. 1077 as follows:
1-8 (1) In Section 1 of the bill, Section 51.313, Water Code
1-9 (page 1, line 44), between "of" and "15" insert "up to".
1-10 (2) In Section 2 of the bill, Section 55.363, Water Code
1-11 (page 2, line 14), between "of" and "15" insert "up to".
1-12 (3) In Section 3 of the bill, Section 58.313, Water Code
1-13 (page 2, line 46), between "of" and "15" insert "up to".
1-14 A BILL TO BE ENTITLED
1-15 AN ACT
1-16 relating to estimates of, and delinquent assessments for,
1-17 maintenance and operating expenses in certain water districts.
1-18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-19 SECTION 1. Sections 51.304, 51.310, and 51.313, Water Code,
1-20 are amended to read as follows:
1-21 Sec. 51.304. BOARD'S ESTIMATE OF MAINTENANCE AND OPERATING
1-22 EXPENSES. The board, on or as soon as practicable after a date
1-23 fixed by standing order of the board, shall estimate the expenses
1-24 of maintaining and operating the irrigation system for the next 12
1-25 months. The board may change the 12-month period for which it
1-26 estimates the expenses of maintaining and operating the irrigation
1-27 system by estimating such expenses for a shorter period so as to
1-28 adjust to a new fixed date and thereafter estimating the expenses
1-29 for 12-month periods following the adjusted fixed date.
1-30 Sec. 51.310. LIST OF DELINQUENT ASSESSMENTS. Assessments
1-31 not paid when due shall become delinquent on the first day of the
1-32 month following the date payment [Within 10 days after any
1-33 assessment] is due, and the board shall post in a public place in
1-34 the district a list of all persons who are delinquent in paying
1-35 their assessments and shall keep posted a correct list of all
1-36 persons who are delinquent in paying assessments. If a person who
1-37 owes an assessment has executed a note and contract as provided in
1-38 Section 51.302 of this code, he shall not be placed on the
1-39 delinquent list until after the maturity of the note and contract.
1-40 Sec. 51.313. INTEREST AND COLLECTION FEES. (a) All
1-41 assessments shall bear interest from the date payment is due at the
1-42 rate of 15 percent a year. Assessments not paid by the first day
1-43 of the month following the date payment is due shall become
1-44 delinquent, and a penalty of 15 percent of the amount of the
1-45 past-due assessment shall be added to the amount due.
1-46 (b) If suit is filed to foreclose a lien on crops or if a
1-47 delinquent assessment is collected by an attorney before or after
1-48 suit [any legal proceeding], an additional amount of 15 percent on
1-49 the unpaid assessment, penalty, [principal] and interest shall be
1-50 added as collection or attorney's fees.
1-51 SECTION 2. Sections 55.352, 55.360, and 55.363, Water Code,
1-52 are amended to read as follows:
1-53 Sec. 55.352. BOARD'S ESTIMATE OF [ASSESSMENTS FOR]
1-54 MAINTENANCE AND OPERATING EXPENSES. The board, on or as soon as
1-55 practicable after a date fixed by standing order of the board,
1-56 shall estimate the expenses of maintaining and operating the
1-57 irrigation system for the next 12 months. The board may change the
1-58 12-month period for which it estimates the expenses of maintaining
1-59 and operating the irrigation system by estimating such expenses for
1-60 a shorter period so as to adjust to a new fixed date and thereafter
1-61 estimating the expenses for 12-month periods following the adjusted
1-62 fixed date.
1-63 Sec. 55.360. List of Delinquent Assessments. Assessments
1-64 not paid when due shall become delinquent on the first day of the
2-1 month following the date payment [Within 10 days after any
2-2 assessment] is due, and the board shall post in a public place in
2-3 the district a list of all persons who are delinquent in paying
2-4 their assessments and shall keep posted a correct list of all
2-5 delinquent assessments. If persons who owe assessments have
2-6 executed notes and contracts as provided in Section 55.358 of this
2-7 code, they shall not be placed on the delinquent list until after
2-8 the maturity of the notes and contracts.
2-9 Sec. 55.363. Interest and Collection Fees. (a) All
2-10 assessments shall bear interest from the date payment is due at the
2-11 rate of 15 [10] percent a year. Assessments not paid by the first
2-12 day of the month following the date payment is due shall become
2-13 delinquent, and a penalty of 15 percent of the amount of the
2-14 past-due assessment shall be added to the amount due.
2-15 (b) If suit is filed to foreclose a lien on crops or if a
2-16 delinquent assessment is collected by an attorney before or after
2-17 suit [any legal proceeding], an additional amount of 15 [10]
2-18 percent on the unpaid assessment, penalty, [principal] and interest
2-19 shall be added as collection or attorney's fees.
2-20 SECTION 3. Sections 58.304, 58.310, and 58.313, Water Code,
2-21 are amended to read as follows:
2-22 Sec. 58.304. BOARD'S ESTIMATE OF MAINTENANCE AND OPERATING
2-23 [OPERATION] EXPENSES. The board, on or as soon as practicable
2-24 after a date fixed by standing order of the board, shall estimate
2-25 the expenses of maintaining and operating the irrigation system for
2-26 the next 12 months. The board may change the 12-month period for
2-27 which it estimates the expenses of maintaining and operating the
2-28 irrigation system by estimating such expenses for a shorter period
2-29 so as to adjust to a new fixed date and thereafter estimating the
2-30 expenses for 12-month periods following the adjusted fixed date.
2-31 Sec. 58.310. List of Delinquent Assessments. Assessments
2-32 not paid when due shall become delinquent on the first day of the
2-33 month following the date payment [Within 10 days after any
2-34 assessment] is due, and the board shall post in a public place in
2-35 the district a list of all persons who are delinquent in paying
2-36 their assessments and shall keep posted a correct list of all
2-37 persons who are delinquent in paying assessments. If a person who
2-38 owes an assessment has executed a note and contract as provided in
2-39 Section 58.302 of this code, he shall not be placed on the
2-40 delinquent list until after the maturity of the note and contract.
2-41 Sec. 58.313. Interest and Collection Fees. (a) All
2-42 assessments shall bear interest from the date payment is due at the
2-43 rate of 15 [10] percent a year. Assessments not paid by the first
2-44 day of the month following the date payment is due shall become
2-45 delinquent, and a penalty of 15 percent of the amount of the
2-46 past-due assessment shall be added to the amount due.
2-47 (b) If suit is filed to foreclose a lien on crops or if a
2-48 delinquent assessment is collected by an attorney before or after
2-49 suit [any legal proceeding], an additional amount of 15 [10]
2-50 percent on the unpaid assessment, penalty, [principal] and interest
2-51 shall be added as collection or attorney's fees.
2-52 SECTION 4. The importance of this legislation and the
2-53 crowded condition of the calendars in both houses create an
2-54 emergency and an imperative public necessity that the
2-55 constitutional rule requiring bills to be read on three several
2-56 days in each house be suspended, and this rule is hereby suspended,
2-57 and that this Act take effect and be in force from and after its
2-58 passage, and it is so enacted.
2-59 * * * * *